Victims of abuse can take action

ANYONE who finds their intellectual property – such as personal video and other content – is being shared without permission, can take action, particularly if it affects their privacy or confidentiality, says CyberSecurity Malaysia chief executive officer (CEO) Lt Col Husin Jazri (Retired).

One way is to flag the violation to the service provider, he says, pointing out that file or video sharing sites such as YouTube have a policy against sharing intellectual property of others or content without the permission of the owner.

“Those whose data (files, pictures, videos) are being posted on sites like YouTube can notify the abuse team at YouTube to get the content removed. However, these sites rely on users or owners to flag them.”

"Be extra careful about giving others access to devices that store personal data"- LT COL HUSIN JAZRI (RETIRED)

The only problem, he adds, is that while waiting for the content to be removed, others may see or copy the digital document.

With today’s technology, it is now easy for people’s personal data to fall into the wrong hands, and be used to blackmail and harass them, he warns.

“Digital contents are now stored in small devices like USB sticks, phones or camera. These devices are subject to theft or being left by accident in public places. There are also instances where one might send their phones or laptops for repair and grant others access to all the contents in the device.”

Husin is advising users to apply common sense when dealing with personal data.

“Make sure sensitive or confidential data are stored in a safe place; and be extra conscious about giving others access to devices that store personal data,” he says.

He also advises users to learn how to use encryption technology so that strangers cannot view or retrieve the content when their USB stick is stolen or lost.

“The point is, once personal data is on the Internet, it tends to “stay” on the Internet. If users need assistance for communicating with sites such as YouTube or Facebook when their privacy is being compromised, they can contact Cyber999 Help Centre,” he says.

Sonya Liew of the Malaysian Bar Council’s Human Rights Committee says those who are “framed” on the Internet for an action or crime that they did not commit can sue the perpetrator for defamation, but only if they can identify him or her.

“Malaysian law provides such a recourse for users under the Defamation Act and the Penal Code,” she says. For instance, once the real name and particulars of the person(s) who post the malicious statement, photograph or video have been unearthed, you can sue him or her. However, it is not easy to identify the culprit, she adds.

Another problem is proving all the elements of the crime. “The person can easily say that somebody else is claiming to be them on the Net.”

Similarly, the host of the website with incriminating content can claim that he or she has no control over the content on the website and point the finger at the manager of the site, she says.

Unfortunately, for anyone whose privacy has been infringed when their personal data is stolen or abused (illegally posted or circulated), it is difficult for them to take action against the perpetrator.

“We don’t have a privacy law so we cannot take action against the person who illegally posted or circulated the personal data,” she says.